Project- DPC, Vivek Kumar Sai , Roll 146, Batch x

RO J E C A P CT T O O N

PLAINTS A AND IITS P PAR TICULAR S TO: - MD. HADIUR R AHAMAN, SUBMITTED T AND CONVEYANSING FACULTY, DR AFTING, PLEADING A

VIVEK K SUBMITTED BY: - V K UMAR S SAI

SEMESTER – VIII – V R OLL NO. 146 BATCH – X B.A. LL.B. (HONS.) OF SUBMISSION: 25.02.2014 DATE O

Plaints and its particulars

A CK NO WLEDGEMEN TS I, vivek vivek k umar sai , feel myself highly elated, as it gives me tremendous pleasure to come out with the work on the topic “ plaints p laints and its particul particul ars ”. ”. adiur Rahama Rahaman n Sir, Faculty, First and foremost, I take this opportunity to thank M D. H adiur

Drafting, Pleading and Conveyansing, Hidayatullah National Law University, Raipur for allotting me such topic to work on. She has been very kind in providing inputs for this work, by way of her lectures and suggestions. I would also like to thank my dear colleagues and friends in the University, who have helped me with ideas about this th is work. Last, but not the least I thank the University Administration for equipping the University with such library and IT facilities, without which, no doubt this work would not have taken this shape in correct time.

VIVEK KUMAR SAI ,

B.A. LL.B. (HONS.), AIPUR . HNLU, N HNLU, NEW R AIPUR

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OF CONTENTS TABLE O Acknowledgements…… Acknowledgements…………………… ………………………………… …………………………………… ………………………………… ………………………………… …………………………02 ………02 Table of Contents……………………………………………………………………………………………………..03 List of abbreviations abbreviations and Acronyms...... Acronyms.............. ................. ................. ................. .................. .................. ................. ................ ................ .................. ...............04 .....04 Objectives……………………………………………………………………………………………………………...0 Objectives……………………………………………………………………………………………………………...05 5 Research Methodology……………… Methodology………………………………… ………………………………… ………………………………… …………………………………… ………………………….06 ……….06

Introduction……………………………………………………………………………………..07

1. Plaint and its particulars………………………………………….................................08 part iculars of plaint……………………… plaint………………………………………………09 ………………………09 2. Essential requistes particulars

3. Additional Additional particulars in certain plaint.........................................................................10 plaint............................. ............................................10 4. Other essential essential to be furnished in the plaint..................................... ............................11 5. The formal part and content of particular……………………………….…....…… ...12 Conclusion....................................................................................................................................26 References………………………………………………………………… References…………………………………… ………………………………………………….27 …………………….27

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OF A BBR E V I A TIONS & A CR ON Y MS LIS T O AIR

:

All India Reporter

ed.

:

Edition

HC

:

High Court

Id.

:

Ibid/ Iridium

SC

:

Supreme Court

SCC

:

Supreme Court Cases

ST

:

Scheduled Tribes

Supra

:

From the same footnote

VLM

:

Village Level Workers

Vol.

:

Volume

w.e.f.

:

With effective from

www

:

World wide web

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OB JEC TI V ES The work deals with the topic “ plaints p laints and its particul particul ars ”. ”. The objectives of the work are the followings:• Meaning of plaints • Contents of plaints • Additional particulars in certain plaints • essential to be furnished in the plaints o f plaint • the formal parts and content of

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R ESE A R RC H ME THODOLOG Y The method adopted for this work was analytical in in nature based on empirical and nonempirical sources. Legislative enactments, judicial pronouncement, books, reports, journals, news and other reference have been primarily helpful in giving this work a firm structure. Articles form websites and blogs have also been referred. Footnotes have been provided wherever needed, either to acknowledge the source or to th point to a particular provision of law. Uniform Bl uebook uebook (19 ed.) ed.) citati citati on f ormat has been

followed for footnoting.

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INTR ODUCTION: Plaint has not statutory definition. It means nothing more than a private memorial tendered to court in which a person set forth his cause of action .the exhibition of an action in writing. The plaint should contains the fact constituting the cause of action and the time when it arose of claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his cause of action with all necessary particulars .it is statement of claim and demands in writing . A „plaint‟ is the process by which by which proceeding in the court is a plaint .a plaint is statement in the writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code of civil procedure provides that every suit shall be instituted by the presentation of plaint or in such other manner may be prescribed .in every plaint, facts shall be proved by affidavit Further the plaint meant to give fair information about once case to opponent. To provide a brief summary of the case and to assist the court to decide the dispute effective. Bullen and lenke defines the plaint as. To define and identify to dispute and issues between the parties . OR.VII of CPC is about the plaint or written submission. Stated that plaint is the statement containing a complaint or allegation and seeking remedy agreed those allegation or complaint.

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PLAI NTS AND PARTICUL ARAS — I T ’ ’S MEANI NG

Plaint has not statutory definition. It means nothing more than a private memorial tendered to court in which a person set forth his cause of action .the exhibition of an action in writing. The plaint should contains the fact constituting the cause of action and the time when it arose of claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his cause of action with all necessary particulars .it is statement of claim and demands in writing . A „plaint‟ is the process by which proceeding in the court is a plaint .a plaint is statement in the writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code of civil procedure provides that every suit shall be instituted by the presentation of plaint or in such other manner may be prescribed .in every plaint, facts shall be proved by affidavit Order VII of the CODE OF CIVIL PROCEDURE deals with the plaint according to RULE 1 of ORDER of the CPC,A plaint shall contain the following nine particulars

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ESS ES SENTI AL REQUI SI TES PARTI PARTI CULARS OF PLAI NT

a)

the name of the Court in which the suit is brought;

b)

the name, description and place of residence of the plaintiff.

The term description includes age, father's name, caste etc.

To describe the plaintiff as residing in particular area of a town is not a sufficient description of his residence. The full particulars of address containing the house number, street number, name of the area and the name of the village or town or city, and district and State with pin code number. c)

the name, description and place of residence of the defendant, so far as they can be ascertained;-

d)

where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

e)

the facts constituting the cause of action and wh en it arose;

f)

that facts showing that the Court has jurisdiction;

g)

the relief which the plaintiff claims;

h)

were the plaintiff has allowed a set off or relinquishing a portion of his claim ,

the amount so allowed or relinquished.

i)

A statement of the value of the subject matter of the suit for the purpose of the

jurisdiction and court fee, so far as the case admit.

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ADDI TI ONAL PARTICULARS PARTICULARS I N CERTAIN CERTAIN PLAI NTS 

In the money suits : as per the RULE 2 ORDER VII of the CPC, were the

plaintiff seeks the recovery of money ,the plaintiff shall state the precise amount claimed. But were the plaintiff sues for mesne profits or for amount which will found due to him on talking unsettled account of him

and the defendant or for

movable in the possession of the defendant ,or for debts of which the value he cannot after the exercise of the reasonable diligence, estimate the plaintiff shall state approximately the amount or value sued for. 

Suits of immovable property : according to RULE 2 ORDER VII of the CPC,

were the subject matter is immovable property, the plaintiff shall contains a description of the property sufficient to identify it and in case such property is identify by boundaries or number in a record in a record of settlement settlement or survey the plaintiff shall specify such boundaries or numbers. 

the CPC provide that that were the Representative suits: RULE 4 of ORDER VII of the plaintiff sues in a representative character the plaintiff shall show not only that he has an actual existing interest in the subject matter, but that he has taken the step(if any) necessary to enable him to institute a suit concerning it.

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OTHER ESS ESSENTIAL TO BE FURNISED FURNISED I N THE PLAINT

1) The plaintiff shall show that the defendant defendant is or claims to be inserted in the subject matter and that he is liable to be called upon the answer the plaintiff‟s demand [RULE 5 of ORDE VII of the CPC] 2) Were the suit is instituted after expiration of the prescribed period by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed [RULE 6 of ORDER VII of the CPC] 3) every paint shall state specifically the relief which the plaintiff claim either simply or in the alternative and it shall not be necessary to ask general or other relief which may always be given as the court may think just to the same extent as if it had been asked for [RULE 7 of ORDER XII of the CPC] 4) were the plaintiff seeks the relief in respect of several distinct claims or causes of action founded upon the separate and distinct ground, they shall be stated as far as may be, separately and distinctly [RULE 8 of the ORDER VII V II of the CPC]

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TH E FORMAL PARTS AND CONTENTS CONTENTS OF PLA PLA I NT

(i) Heading: Every plaint should be headed with the name of the Court in which the suit is brought. Where it is necessary to state the particular jurisdiction of the Court in which the suit is brought, the said jurisdiction ought to be stated below the name of the Court. Thus, where a suit is brought in a subordinate Civil Court the heading should be: "In the Court of the Subordinate Judge at.... ....................................................................... " Or "In the Court of the First Subordinate Judge at…………………………………. at…………………………………. ……” But where it is necessary to state the particular jurisdiction of the Court, the heading should run as follows: — — "In the Supreme Court" "Original Jurisdiction"; "In the High Court at ...................................................... " 'Ordinary Original Civil Jurisdiction

1

or 'Extraordinary Original Civil Jurisdiction

1

or 'Admiralty Jurisdictio n' or 'Matrimonial Jurisdiction' or Testamentary and Intestate Jurisdiction The suit is serially numbered after the plaint is presented the practice of the Subordinate Civil Courts for the plaintiff to the name of the Court the nature of the suit and the year of the blank space for the number of the suit to be filled up, e.g.

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"Title Suit No. .....................................of 200..." or "Money Suit No. .................................. 200...” In the plaints on the original side of the High Court and the Su Court, only the number of the suit with the year to be stated.' ii) Title a)

Name of the parties:

Then at the head of each plaint, the name of every plaint, and every defendant as far as it can be ascertained, ascertained, must be set out. The name

together with the description, and place of

residence or business are| title or, the 'cause-title' of the suit. Under the rules of the Supreme Co^ full names of both the plaintiff and the defendant must be given. If the plaintiff is unable to give the full name of the defendant, it is better to state in the body of the plaint that, inspite of his best endeavour, the plaintiff could not ascertain the full name of the defendant. If there are two or more plaintiffs or two or more defendants, it is convenient to number them serially and arrange them in the order convenieni for the presentment of the case.

A Corporation must sue or be sued in its full corporate name. Partne may sue or be sued in the firm name. Any person carrying on business in a name or style other than his own name, may be sued in such name or style as if it were a firm name. The name of the next friend or guardian of a minor or a person of unsound mind should be mentioned in the cause-title. An idol may sue or be sued in the name of its shebaits or in its own name by or through its shebaits. b)

Description and place of residence of the parties:

Every plaintiff and every defendant should be so described in cause-title as to identify him. The 1

term 'description includes age, father's name, caste etc

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To describe the plaintiff as residing in particular area of a town is not sufficient description of his residence. The full particulars of address containing the house number, street number, me of the area , the name of the village or the town or city with the pin code number any particulars as to father‟s name caste. Thus “A.B., solicitor of……………… carrying on business under the name of………….at…………………..” of………….at………………… ..” is sufficient description. The capacity in which the plaintiff sues or the defendant is sued should ordinarily be set out in the body of the plaint, although it is recognised that the cause-title is the convenient place to state it. Dual capacity, as where the plaintiff sues in a representative capacity as also in his own right, should clearly be stated if not in the cause-title, at least in the body of the plaint. The place of residence of the plaintiff or the defendant is to be stated in the plaint. Place of residence however, can only apply to personal actions. It cannot apply to a firm, a Corporation or Government. Even in personal action, the place where a party carries on business or personally works for gain may be, and, often is, stated instead of his place of residence. In the case of a Company registered under the Companies Act, the place where the registered office of the Company is situate or where any of the branch offices of the Company is situate may be stated according to the necessities of the case. It may be stated "A.B. a firm carrying on business at .............................. and other places". First present the names and full description of plaintiff(s). In next sentence mention Versus' and in next sentences mention the name and full description of defendant(s).

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An example as: (1) In the court of munsif,…………………. Suit no. ……………………… of 200 A.B. S/O. C.D., Resident of 7 mahatama gandi road Rajahmundry

…………………plaintiff Vs.

E.F. S.O. G.H., Resident of 15, Danwaipet Rajahmundry

…………………defendant

(c) Description of parties in particular suits: 1) Union of India 2) The State of ................................... 3) A.B. (add description and residence), duly authorised by CD, a soldier (sailor or airman, as the case may be) actually serving at .................. 4) The Administrator General of .................................................... 5) The Advocate-General of ............................................... 6)

................................................. ........................................ The Collector of.

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7) ................... The Ambassador of ............................................. 8)

A.B., Official Receiver, as Receiver of the estate of ,1

9)

A.B., Official Assignee, and the assignee of the estate and the effects of C, insolvent.

10) The A.B. Company Ltd., having its registered office at…………… at…………… (iii) body of the plaint: In the body of the plaint, the plaintiff states about his claim and other matter which he is legally required to state. It is drawn up in the narrative form in the third person and divided into small paragraphs, each containing ordinarily one fact only. They should be consecutively numbered dates and number should be expressed in figure. (a) beginning: The body of the plaint begins with the word,”the above named plaintiff states as follow:, or the plaintiff states as follow. (b) Matters of Inducement: It is permissible and customary to mention in the first paragraph of the plaint an introductory and prefatory averments 'stating who the parties are, what business they carry on, how they are related or connected, and other surrounding circumstances leading up to the dispute'. These are called matters of inducement; they are useful because they explain what follows, though they are not essential to the cause of action. In any case they should be stated as concisely as possible.

(c)

The facts constituting the cause of action:

Next, the facts constituting the cause of action must be stated in the plaint. 'Cause of action' 1

means the cause or the set of circumstances which lead upto a suit. The term 'cause of action as used in the Court means every fact which is necessary for the plaintiff to prove in order to entitle him to a decree in a suit if traversed on his pleading. It does not, however, comprise every piece of evidence which is necessary to prove each fact, but every fact, which is necessary to be proved to entitle the plaintiff to a decree. It is, in other words, a bundle of essential facts which is

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necessary for the plaintiff to prove before he can succeed in the suit. The cause of action is antecedent to the institution of the suit, and every plaint must disclose a cause of action when alone the Court will be able to proceed to a determination of the dispute. 2

In Sidrannappa v. Rajashetty,

the Supreme Court has held that it is not only necessary

that the facts which entitled the plaintiffs to the right to claim must be the same but that infringement of his right at the hands of defendant must be the outcome of the same transaction. The first principle with regard to cause of action in framing a suit is that as far as practicable,. it should be so framed as to afford ground for final decision of the subjects in dispute and to prevent further litigation concerning them [Rule 1 of Order H of the CPC]. The second principles being analogous to the first is directed against splitting up a cause of action. It requires that every suit shall include the whole of the claim which a plaintiff is entitled to make in respect of a cause c ause of action [Rule 2 of Order II of the CPC]. The cause of action is distinguishable from the transaction giving rise to it. One transaction may give rise to several causes of action and the law does not require that all such causes of action must be joined in one suit. However, the plaintiff is at liberty to unite in one suit as many causes of action against a defendant as he likes. Where the plaintiff seeks relief in respect of several distinct causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately separate ly and distinctly. Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed. But where the plaintiff sues for mesne profits or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, the plaint shall state approximately the amount sued for [Rule 2 of Order VII of the CPC].

|

Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement of survey, the plaint shall specify such boundaries or numbers [Rule 3 of Order VII of CPC]. 2

AIR 1970 SC 1059

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(d) Date of cause of action: Rule 1(e) of Order VII of the CPC requires that particulars of facts constituting the cause of action and when it arose should be given. Hence, it is necessary for the plaintiff to state specifically when the cause of action for the suit arose. This is intended to enable the Court or the defendant to ascertain from the plaint whether there is a cause of action and whether it is not barred by the law of limitation. The date of the cause of action should be actually given. The Code of Civil Procedure does not lay down any law as to the date of the accrual of the cause of action. The date of the accrual of the cause of action means the date of that event which makes the cause of action for the suit complete, to be more Practical the date of that event which gives the plaintiff right to suit e.g. in case of breach of contract, the date of the of the contract.

It is not always easy to determine on which date the cause 0f action for a suit arose. Some typical instances of accrual of cause of action ac tion are as follows:

i) In the suit for damages for breach of contract, the cause of action arises on the date of breach.

ii) In suits for damages for tort, the cause of action arises on mthe date when the tort was committed. iii) In suits for ejectment, the cause of action arises on the date on which plaintiffs right to sue accrued. iv) In suits for possession of property alienated by Hindu widow the cause of action arises on the date of death of the widow. v) In the suit for money due on pronote, the cause of action arises on the date of the pronote. vi) In suits on series of loan, the cause of action arises on the da y each loan is taken.

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When the plaint does not specify the date when the cause o action arose, it is the duty of the Judge to find out from facts stated in the plaint as to when the cause of action arose. Even where the plaint states the date of cause of action, the plaintiff cannot be tied down to the said date, and the Court is entitled to determine the date on which the cause of action arose from the facts alleged and proved. (e) Grounds of exemption from limitation law: It is not necessary to mention in every plaint in a suit that suit is within the period of limitation prescribed by the law limitation, except where the suit is prima is prima facie barred by limitation and and there are some facts on the basis of which the plaintiff claims that the suit is within limitation. Rule 6 of Order VI of the CPC provides that where the suit is instituted after the expiration the peri period od prescribed prescribed by the law of limitation, the plaint shal shalll sho show| w| the the gro groun und d upon which exemption from such law is claimed. For example were the day on which limitation expires is a holiday and the suits is filled on the next working day, the plaintiff may state this fact i n the plaint (f) The facts showing that the Court has jurisdiction: Sections 15 to 20 and Clause (f) of Rule 1 of Order VII of the CPC states that the plaint shall contain the facts showing that the Court has jurisdiction. The plaintiff must plead facts showing that the Court has jurisdiction pecuniary, territorial and over the subject-matter. If the jurisdiction depends upon the place where the cause of action arose either wholly or in part, the plaintiff must plead facts showing that the cause of action arose partly or wholly within the jurisdiction. If plaintiff relies upon the defendant's residence or place of business as giving jurisdiction, the fact that the defendant's place of residence or place of business is within the jurisdiction should be stated in the body of the plaint. Generally speaking, this paragraph should be framed in any one of the following ways, as the case may be: — — "The defendant resides at .................................................... .................................................................. .............. within the jurisdiction of this Court", (or)

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"The property in respect of which this suit is brought lies within the jurisdiction of the Court" (or "The bond was executed and money borrowed at .............. within the jurisdiction of the Court" (or)

"The

money

payable

under

the

contract

was

made

payable

at

within the jurisdiction of this Court" (or) "The defendant caused the wrong complained of in this plaint at within the jurisdiction jurisdiction of this Court". Court". The principles of the jurisdiction of Court are: Every suit shall be instituted in the Court of the lowest grade competent to try it [Sec. 15 of the CPC]. Subject to the pecuniary or other o ther limitations prescribed by any law, suits, — — a ) for the recovery of immovable property with or without without rent or profits; profits; b)

for the partition of immovable property;

c)

for foreclosure sale or redemption in the case of a mortgage of or charge upon immovable property;

d)

for the determination of any other right to or interest in immovable property;

e)

for compensation for wrong to immovable property;

f)

for

the

recovery

of

movable

property

actually

under

distraint

or attachment; shall be instituted in the Court within the local limits of whose jurisdiction the p roperty is situate: Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the court within the local limits of whose jurisdiction, the property is situated or it can also be filed in the Court within the local ,

limits of whose jurisdiction the defendant actually and voluntarily resides or carries on the business, or personally works for gain [ sec. of the CPC].

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3)

Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate: Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court. [Sec|17 of the CPC].

4)

Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction.

(h) Relief or the prayer : According to Rule 1(g) of Order VII of the CPC the plaint shall contain the relief which the plaintiff claims.In claims.In a civil suit different kinds of reliefs can be claimed e.g. recovery of debt, damages, possession of a declaration of title to immovable property, declaration of any right specific performance, injunction, rendering of account, appointment of receiver etc. In a plaint, the plaintiff may claim any one or more of such reliefs either simply or in the alternative. The reliefs claimed cannot be supplemented by oral prayer nor can a Court allow more than the claimed. Where any plaintiff omits to state any relief he will have to make an application for amendment within the period of limitation of limitation for adding that relief. Under Rule 2 of Order II of the CPC, if a plaint can claim more than one relief on the same cause of action, he must claim ail, otherwise he shall not be entitled to bring a new suit for the omitted relief unless the omission in the first suit was with the leave of the Court. The only exemption is in respect of a mortgage suit where a suit for sale may be brought later though the previous suit was for personal decree only under Rule 14 of Order XXXIV of the of the CPC. It is not necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as it had been asked for. Where the plaintiff claims more than what he is entitled to, the Court will not dismiss the suit but give the plaintiff only such relief as he is entitled to.Where the plaintiff claims less than what he is entitled, the Court will not grant him Page | 21


any relief he has not specifically claimed unless the plaint is amended before the judgment. But the Court should not refuse to grant a relief not specifically claimed i n the plaint, if such relief relief is obviously required by the nature of the case. (iv) Last part of the Plaint: Signature and verification verification: Order VI, Rule 14 of the Civil Procedure Code provides that every plaint (pleading) shall be signed by the plaintiff and his advocate. Where a plaintiff is illiterate and cannot make signature, he may put his thumb mark on the plaintiff. But where a plaintiff is, by reason of absence or for any other good cause, unable to sign the plaint it may be b e signed by any person duly authorised by him to sign the th e same or to sue on his behalf. The signature of the plaintiff should be under the body of the plaint should be like the following: Xxx signature plaint drawn by xxx signature of the plaintiff‟s advocate

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In the Court of Civil Judge Class - I at Indore Suit No. ………… / 20……. A. B. s/o B. C. 123, A B Road, Indore, MP

......................................... Plaintiff

Vs. M. N. s/o O. P. 456, A B Road, Indore, MP

......................................... Respondent

Suit for Specific Performance of Contract to sell a residential plot The plaintiff respectfully states as follows : Inducement: (1) Plaintiff is a Govt. Servant working in Indore, MP. and so on (2) Respondent is a property broker having an office at ... Material Facts of the case: (3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No 123 at Rani Bagh Colony, Indore. A copy of the contract is attached with the petition. (4) The boundaries of the plot is as under: East: Road West: Plot number 124 North: Road South: Colony wall (4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed upon in the contract, is Rs. 40,000/-. (5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI, Indore Branch at the time of making the contract and promised to do registry upon payment of remaining amount of 30,000/30,000/(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well as check but the respondent refused to take the payment. (6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009. (7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the respondent is not willing to transfer the said plot. Cause of Action and Limitation (8) The cause of action for the present suit first arose on 10/10/2009, when the respondent refused to convey the said property as per the terms of the agreement and Page | 23


hence, the suit filed today is within time. Valuation: 9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-. Jurisdiction: (10) The plot is located in Indore, which is within this court's territorial jurisdiction.

(11) The value of the contract is 40,000/- which is within this court's pecuniary jurisdiction. Relief Claimed: (12) The plaintiff, there fore prays that

1. the court be pleased to order the respondent to perform his part of the contract by accepting the remaining remaining payment and conveying the said said plot to the plaintiff. 2. the plaintiff be permitted to deposit the balance ba lance of consideration in this Hon'ble Court. 3. the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this litigation.

Place: …………………. the plaintiff) Date: …………………..

(Signature of

YYY Advocate

Verification

I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct

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and true to the best of my knowledge and contents from para 5 to 12 are based on legal advice, which I believe to be correct. Affirmed at Indore this 4th Day of September

2009.

(Signature) Plaintiff

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CONCLUSION

A „plaint‟ is the process by which proceeding in the court is a plaint .a plaint is statement in the writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code of civil procedure provides that every suit shall be instituted by the presentation of plaint or in such other manner may be prescribed .in every plaint, facts shall be proved by affidavit Further the plaint meant to give fair information about once case to opponent. To provide a brief summary of the case and to assist the court to decide the dispute effective

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BIBLIOGRAPH

BOOKS : th



Odger, W.B ; The Principles Principles Of Procedure, Procedure, Pleading and Practice Practice; 5 Edn.



Dr. Srivastava, K.K; The Law of Pleadings, Drafting and Conveyancing ; Central Law Agency 7

th

Edn. (2012)

WEBSITES ACCESSED : 

https://sites.google.com/site/sarinadvocate/drafting-and-pleading



http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian judicial-system/



http://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approachof-the-judiciary-1427-1.html

.

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Project- DPC, Vivek Kumar Sai , Roll 146, Batch x

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